San Juan v. First National Bank of Omaha

Filing 81

ORDER - Defendant's Motion to Strike and Exclude Testimony of Patrick J. Barrett(Filing No. 76 ) is granted. The name of Patrick J. Barrett is stricken from the Plaintiffs witness list. Ordered by Chief Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LUIS EDUARDO SAN JUAN,
Plaintiff,
v.
FIRST NATIONAL BANK OF OMAHA,
Defendant.

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CASE NO. 8:10CV133
ORDER

This matter is before the Court on the Defendant’s Motion to Strike and Exclude
Testimony of Patrick J. Barrett (Filing No. 76). The Motion is supported by a Brief (Filing
No. 77) and Index of Evidence (Filing No. 78). Barrett is Defendant’s counsel of record in
this case.
In the Plaintiff’s responsive Brief (Filing No. 80), he states: “Upon further reflection,
however, Plaintiff agrees that Mr. Barrett is not an essential witness for his case in chief,
and will agree not to call him as a witness at trial.” (Id. at 2). Accordingly, the Motion to
Strike and Exclude Testimony of Patrick J. Barrett will be granted.
IT IS ORDERED:
1.

Defendant’s Motion to Strike and Exclude Testimony of Patrick J. Barrett
(Filing No. 76) is granted;

2.

The name of Patrick J. Barrett is stricken from the Plaintiff’s witness list.

DATED this 25th day of April, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge